IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT (CAPE TOWN) ) Case Number: 12174/2008
In the matter between:
SALZWEDEL ERNEST MOTSOKO
Applicant
AND
THE PAN AFRICANIST CONGRESS OF AZANIA
First Respondent
THE SPEAKER OF THE NATIONAL ASSEMBLY
Second Respondent
LETLAPA MPAHLELE
Third Respondent
___________________________________________________________________________________________________________________
NOTICE OF MOTION
___________________________________________________________________________________________________________________
PLEASE TAKE NOTICE THAT The Applicant intends to make application to this court
on Friday. 17 AprIl 2009 at I0h00 or as soon thereafter as the matter might be
heard, for an order in terms of which:
1. The First Respondent’s opposition to the application under case number
12174/2008 is struck out;
2. The Respondents are directed not to give effect to the resolution passed by
the National Congress on 4 — 6 July 2008 of the First
Respondent upholding the decision of the National Executive Committee to
expel the Applicant as a member of the First Respondent
(‘the resolution’);
3. Interdictlng and restraining the Second Respondent from swearing any person
in as a member of the Provincial Legislature in the place and
stead of SALZWEDEL ERNEST MOTOSOKO PHEKO (‘the Applicant”);
4. Setting aside and declaring to be null and void the resolution which was
passed by the National Congress on 4 — 6 July 2008 upholdIng
the decision of the National Executive Committee to expel the Applicant as
a ,member of the First Respondent (‘the resolution”);
5. Setting aside and declaring to be null and void the Constitution which was
allegedly adopted by the First Respondent at its meeting of 4-6
July 2008;
6. The First Respondent is ordered to pay the costs of:
6.1 the application brought under case number 12174/2008; and
6.2 this application.
7. Further and alternative relief.
BE PLEASED TO TAKE NOTICE FURTHER that the accompanying affidavit deposed to by
KENNETH JOHN BREDENKAMP will be used in support of the Application.
KINDLY ENROL THE MATTER FOR HEARING ACCORDINGLY.
DATED AT CAPE TOWN THIS 8th DAY OF APRIL 2009
K .J BREDENKAMP ATTORNEYS
___________________
KEN BREDENKANMP
Attorney for Applicant
Ground floor
Keerom Street Chambors
D Keerom Street
Cape Town
Phone:
Fax:
(083) 4921 075
(088) 6160919
TO: THE REGISTRAR OF THE HIGH COURT
QUEEN VICTORIA STREET, CAPE TOWN
AND TO: MR. AZI ROSE ATTORNEYS
ATTORNEYS FOR THE FIRST RESPONDENT
(THE PAN APRICANIST CONGRESS OF AZANIA)
405 SCOISS CORNER
10 PLEIN STREET
CAPE TOWN
> Date: Thu, 14 May 2009 16:44:28 +0100
> Subject: [PAYCO] Re: GATHERING OF PAN AFRICANISTS - 6 & 7 JUNE 2009
> From: [email protected]
> To: [email protected]
>
>
> Dear africanist
>
> Thank you for forwading the doc judgement: Dr Pheko v PAC & Letlapa
> Mphahlele , i still find difficulties in retrieving this doc. I will
> be glad if anyone can forward it again.
>
> I remain a true daughter of soil.
>
> Humbulani Rannenyeni
>
> On 5/12/09, Hulisani Mmbara <[email protected]> wrote:
> >
> >> From: [email protected]
> >> To: [email protected]
> >> Date: Mon, 11 May 2009 17:01:13 +0000
> >> Subject: GATHERING OF PAN AFRICANISTS - 6 & 7 JUNE 2009
> >>
> >> Comrades
> >>
> >> An initiative has been taken to call an ad hoc meeting of Pan Africanists
> >> in all their formations and structures to discuss the revolutionary path
> >> towards revitalising the PAC of Azania. The meeting is tentatively set for
> >> 6 June in Bloemfontein.
> >>
> >> The Pan Africanist Youth Congress of Azania [PAYCO] is invited to
> >> participate and contribute in the resolution of the conundrum that we, Pan
> >> Africanists, find ourselves in with regard to the internal workings of the
> >> PAC. We would prefer that PAYCO and other participants present a position
> >> paper of their analysis of the current goings-on and how to overcome the
> >> stumbling blocks.
> >>
> >> As it stands, the outcomes of the court interdict in the Pheko vs PAC and
> >> Others case has nullified the Alice congress and its resolutions, its
> >> amendments to the PAC constitution, and its election of leadership. Even
> >> the Puthaditjhaba congress held in 2006 would not claim legitimacy since
> >> it was hurriedly closed before complete elections of the NEC could take
> >> place. The condition therefore puts the PAC leadership structure in a
> >> limbo. The intention of the initiative is to rectify the misguided style
> >> of work in the Party and to map out the revolutionary path that would lead
> >> to the PAC uniting with the Azanian masses.
> >>
> >> We would greatly appreciate your attendance. More details on the logistics
> >> would follow as arrangements are finalised.
> >>
> >> Regards
> >>
> >> Jaki Seroke
> >>
> >> Sent via my BlackBerry from Vodacom - let your email find you!
> >
> >
> >
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> > _________________________________________________________________
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> >
>
> --
> Sent from my mobile device
>
> >
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